Changes to Roadside Drug Testing in NZ – Oral Fluid Testing – 2024

You may have recently seen a lot of conversation in the news about random roadside drug testing in New Zealand. Many of our medicinal cannabis patients have been reaching out to understand what this means for them and what to expect if they test positive.

We recognize that this can be a stressful concern, so we’ve done some digging, spoken to researchers and experts on the subject and outlined some key points to help ease any worries you may have.

What is the New Law?

The NZ government has submitted the Land Transport (Drug Driving) Amendment Bill. This is currently before the select committee for consideration and approval.

This bill establishes roadside drug testing in NZ, allowing police to conduct random roadside oral fluid testing of drivers suspected of recent drug use. Drivers who fail two consecutive saliva tests will face fines and a 12-hour driving stand-down.

The law was meant to come into effect in 2023, but it was delayed due to challenges with the proposed bill and significant opposition. The amendments seek to resolve some of issues outlined last time around and the select committee is due to report back at the start of December 2024, with the law expected passed and implemented shortly afterwards.

What does this mean for those using medicinal cannabis? Can roadside oral fluid testing detect medicinal cannabis? Will drivers with prescribed medicinal cannabis face a penalty if they fail the roadside drug test?

We understand this law change may worry those who rely on cannabis for medical reasons, but rest assured, we are here to support you every step of the way.

Why Do We Need Roadside Drug Testing in NZ?

Driving under the influence of drugs has always been a major road safety concern. The proposed bill seeks to test for the present of a range of drugs and medications and serve as a deterrent, thereby decreasing the rates of driving under the influence of these drugs.

Currently, New Zealand police use a compulsory impairment test (CIT) if they suspect someone is driving under the influence. However, they need a ‘good cause to suspect’ the driver, and the CIT is far from perfect. This reduces the efficiency of roadside drug testing and makes it difficult to monitor drug-impaired drivers.

The proposed oral fluid drug testing allows police to test drivers for drugs anywhere, anytime, just as they do with alcohol tests.

We have raised concerns that unlike the test for alcohol, the result for many of these drugs, including THC, could be return positive, despite the person not being impaired. Unfortunately, there are not yet any quick and easy tests that can accurately test for impairment when it comes to THC.

What Drugs Show Up in an Oral Fluid Drug Test?

According to the Ministry of Transport, oral fluid testing can detect the use of THC, methamphetamine, benzodiazepines, MDMA, opiates, and cocaine, usually within 30 minutes of ingestion. Medicinal cannabis products containing THC could result in a positive roadside drug test.

Patients using CBD-only medicinal cannabis products should not test positive. However, full-spectrum CBD products may contain small amounts of THC, which could possibly show up on a drug test.

How Long Does Medicinal Cannabis Stay in My System?

Several factors can affect how long THC stays detectable in your system:

• Saliva tests usually detect THC for approximately 4-6 hours after use but occasionally can be positive for 12 hours or longer.
• THC is not released from the body into saliva, and so it is the residual that remains following use that is being tested. Eating, drinking, brushing teeth and cleaning out the mouth will help decrease this.
• Blood and urine tests can detect THC for much longer periods but this is not part of the proposed screening.

Even if you no longer feel impaired, THC might still be in your system and cause a positive drug test.

Recommended Waiting Periods Before Driving

We recommend the following waiting periods before driving after using medicinal cannabis:

• THC Inhalation: Wait at least 6 hours after inhaling THC products before driving.
• THC Oils: Wait at least 10 hours after ingesting THC products, as these forms take longer to metabolise and may have prolonged effects.
• Combination with Alcohol: If you have also consumed alcohol or other impairing substances, consider waiting longer than the standard recommendation.

These guidelines are based on general recommendations to avoid impairment and ensure that any residual effects of THC do not compromise your ability to drive safely.

What Happens If I Fail a Roadside Test?

If both roadside tests for THC are positive, you will need to stop driving for 12 hours. Your saliva sample will then be sent to a lab, and if it comes back positive, you could receive an infringement notice with a $200 fine and demerit 50 points.

If you test positive for a qualifying drug (including THC) at a roadside test but are not impaired, you may be able to use a medical defence an avoid the infringement and demerit points if:

• You have a current legal prescription for medicinal cannabis.
• You have followed your doctor’s instructions on driving and using your medicinal cannabis prescription.

For more information about the medicinal use of cannabis and impaired driving, visit the NZTA website.

For more information on the medical defence see Section 64 of the Land Transport Act 1998.

How Do I Prove I Have a Prescription?

If your Cannabis Clinic doctor has prescribed medicinal cannabis, and you have a current script, we can provide you with a supporting letter to show that your use of medicinal cannabis is medically prescribed. This letter can help you prove to authorities that your cannabis use is legal.

If you are travelling with your medicinal cannabis products, it’s important to carry it in the original medicinal cannabis packaging with the pharmacy label, as this further proves that the product is legally prescribed.

Conclusion

As roadside drug testing laws evolve, it is crucial for medicinal cannabis users to stay informed about how these changes may affect them. With proper planning, documentation, and adherence to prescription guidelines, you can manage your health while staying compliant with the law.

Practical Tips for Patients:

• Avoid driving within 6-10 hours of using THC-containing medicinal products.
• When travelling always carry your medicine in its original packaging with the pharmacy label.
• If tested, inform police of your medical prescription immediately.
• Contact us if you have questions or need support.

Book an appointment today and get started on a better life!

Disclaimer – medicinal cannabis and CBD oil are unapproved medicines in NZ which means that there is no conclusive evidence for their effect, apart from Sativex. Many doctors do not routinely prescribe cannabis medicines. The above article was written for general educational purposes and does not intend to suggest that medicinal cannabis can be used to treat any health condition. Please consult with your healthcare provider.